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Case C-795/19: Judgment of the Court (Second Chamber) of 15 July 2021 (request for a preliminary ruling from the Riigikohus — Estonia) — XX v Tartu Vangla (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of discrimination on grounds of disability — Article 2(2)(a) — Article 4(1) — Article 5 — National legislation laying down requirements in respect of the auditory acuity of prison officers — Failure to meet the standards of sound perception required — Absolute bar to remaining in employment)
ECLI:EU:UNKNOWN:62019CA0795
62019CA0795
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30.8.2021
Official Journal of the European Union
C 349/6
(Case C-795/19) (1)
(Reference for a preliminary ruling - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Prohibition of discrimination on grounds of disability - Article 2(2)(a) - Article 4(1) - Article 5 - National legislation laying down requirements in respect of the auditory acuity of prison officers - Failure to meet the standards of sound perception required - Absolute bar to remaining in employment)
(2021/C 349/07)
Language of the case: Estonian
Referring court
Parties to the main proceedings
Applicant: XX
Defendant: Tartu Vangla
Interveners: Justiitsminister, Tervise- ja tööminister, Õiguskantsler
Operative part of the judgment
Article 2(2)(a), Article 4(1) and Article 5 of Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation, are to be interpreted as precluding national legislation which imposes an absolute bar to a prison officer remaining in employment when his or her auditory acuity does not meet the minimum standards of sound perception prescribed by that legislation, without allowing it to be ascertained whether that officer is capable of fulfilling those duties, where appropriate after the adoption of reasonable accommodation measures within the meaning of Article 5 of that directive.
(1) OJ C 19, 20.01.2020.